A jury found James Simmons guilty of first degree assault in violation of § 565.050 RSMo 1986 and armed criminal
action in violation of § 571.015 RSMo 1986. The trial court found Simmons to be a prior offender and sentenced him
to fifteen years on each count, the sentences to run concurrently. Simmons filed a Rule 29.15 motion for post-conviction relief
which was denied after an evidentiary hearing. Simmons appeals both the judgment of the trial court and the order of the motion
court. On direct appeal Simmons contends that the trial court erred in allowing the state to cross-examine him concerning
the details of a plea agreement reached on a past felony and in permitting the state to file a substitute information changing
the alleged time of the offense. On appeal from the order of the motion court, Simmons argues that he was denied effective
assistance of counsel in that his attorney argued in opening statement a matter which he was unable to prove. We affirm both
the judgment of the trial court and the order of the motion court. DIRECT APPEAL
